Our Police Force Could be Second to None. An Essay

No, seriously. I mean it.

And not like Doug “Bud” Chaffee means it when he says our fire department is “second to none.” The unintentional irony of Chaffee’s words escapes the Hero worshipers. He’s right. Our fire department is second to none because they are all virtually the same. Same standards, same recruiting pool, same ridiculously grand benefits, same sense of unearned entitlement. Response times? The differences are statistically minuscule, statewide.

But back to the cops.

If you were an honest person with a sound work ethic what would you do to work for the absolute best police force in the State of California? Would you work for less money than you could in a department with a worse, or much worse reputation? Maybe not if you really had the sense of excellence that is pretended by all police departments, but that we know to be a pure myth. You are not a parasite, or a racist, or a belligerent fool with a gun and a Taser who is delighted to have a union that will oppose any real investigations into bad behavior, and that has no qualms about possibly bankrupting the city that employs you.

Wouldn’t it be great to have 150 great cops who are interested in serving the public and a lot less inserted in grabbing what they can under the delusion that somehow the taxpayer should be eternally grateful to any thug or idiot with a badge and a pistol and a club?

How can this happen? Not by denying the obvious Culture of Corruption that has become the unfortunate hallmark of our department, and that was vigorously denied by our former Chief, Dan Hughes who spent the final twenty years of his career being nurtured by the culture, and nurturing it in turn. No. We need an outside agent who is rigorously analytical, ethically sound and emotionally confident. Somebody like Joseph McNamara immediately springs to mind. And then you start recruiting decent, empathetic, intelligent human beings – not messed up LAPD castoffs, perverts, kleptomaniacs, self-righteous thieves, lazy sociopaths, paranoid thugs and drug addicts who become liabilities the day they are hired. You institute a culture in which bad behavior will result in termination, not cover up.

In the meantime the lazy, stupid and violent bad cops would be weeded out as quickly as possible under the ridiculous two-tiered justice system known as POBR.

It will take years. Maybe 10 or 15.

The sooner we start, the better.

Get Run Over, Get Paid

Remember David Tovar, the bike rider guy who got rammed from behind by an unmarked Fullerton police vehicle? In case you don’t, here’s an interview from 2012:

Tovar later filed a civil rights suit against the city of Fullerton, claiming that officer Bryan Bybee intentionally used the vehicle as a deadly weapon.

The city predictably responded by denying all claims.

Well, we went spelunking through settlement agreements approved by City Hall and discovered that the taxpayers up coughed up $20,000 to David Tovar for one of our cops chasing, and crashing into him.

 

While We Were Away: AJ’s Story

For a few weeks now, we have been looking back on the fraud, waste and abuse that occurred in Fullerton during our hiatus. And we’ve had a few good laughs, unfortunately at our own expense. But Friends, today things are about to take a more sinister turn. Why? Because the story involves not only misuse of public funds, but also police surveillance of lawful activity, police assault on citizens, and the punitive misuse the criminal justice system by the cops and the district attorney.

This story from 2014 is best told in the colorful language of Mr. Stephen Baxter, and so FFFF gives you his words:

These photos, all captured on Jan 18th 2014, by OC Weekly photographer, Josue Rivas, document the temporary escape of Aj Redkey, aka Anaheim James, one of the most peaceful protesters I know, a member of in-league press, and perhaps my best friend on the planet.

We had organized a protest in reaction to the acquittal of a OC jury of the three Fullerton Police officers charged in the murder of a local homeless man, named Kelly Thomas. AJ had been filming the protest all day, because cops behave better when they know they are being filmed, so when the decision was made to break up our protest and arrest people, those filming were the first targeted by the police. These cops actually tried to run AJ down in their car, AJ leaped the hood Starsky and Hutch style, and Josue captured the rest seconds later.

After monitoring our FB page (this according to the police report) 3 months later AJ was arrested at an Autism event in Pasadena. Six Fullerton cops drove to Pasadena to arrest my peaceful friend. Why? because by him outrunning them he had embarrassed fat, slow, over paid cops with giant egos.

After spending almost $10,000 defending these charges at a jury trial, All charges against AJ were dropped.

The sad fact is that “THIS IS WHAT DEMOCRACY LOOKS LIKE” Don’t fool yourself.

Also, AJ IS A FUCKING HERO. HE COULD HAVE PLEAD FOR A $500 FINE, INSTEAD HE FOUGHT IT AND FACED 6 MONTHS IN JAIL. HOW MANY OF US WOULD HAVE THE STONES TO DO THAT?

Now ask yourself how many resources and how much of your tax dollars were wasted by Fullerton PD and the DA’s office.

Does any of this shit matter to you? If not, your are the fucking problem.

While We Were Away. A Story You Didn’t Read About in “Back the Badge”

 

Find the good one…

A few years back we pried the lid off the FPD barrel, hoping to discover and toss out some of the bad apples. Unfortunately, our search brought forth a cornucopia of ethical and even criminal misconduct. These names might ring a bell: Rincon, Mejia, Major, Hampton, Ramos, Wolfe, Cicinelli, Mater, Baughman, Sellers, Tong, Nguyen, Craig, Blatney, Coffman, Kirk, Basham, Goodrich, Cross, Nowling, Wren, McKinley, Siliceo and Bair.

Exhausted by wading through this morass of misbehavior, we took a well-earned break in 2013. Unfortunately, the Culture of Corruption did not. Here’s an OC Weekly  story about a Fullerton police officer Hugo Garcia, who was charged with felony fraud and embezzlement in 2014. Uh, oh, an “alien” body snatcher has once again grabbed one of  “Patdown” Pat McPension’s recruits.

Garcia is the fellow on the left. You already know the other one.

Officer Garcia recently pled guilty and ended up with 100 hours of community service and 18 months of probation for his crimes. Somewhere along the way he became “no longer employed” by the Fullerton Police Department, but we’re not entitled to know why. Nobody knows what other deeds this criminal may have pepetrated upon the public while he was wearing a badge and a gun.

I hope you didn’t miss the charming snippet from the Weekly article: “…the OCDA, which stresses Garcia was off-duty and not acting in his official capacity as a police officer at the time of the crime.” Somehow the DA found it necessary to exculpate Mr. Garcia’s on duty behavior, to reassure us that Garcia’s felonious nature only kicked in when removed his FPD uniform.

 

The “Professional Standards Bureau”

The other day FFFF did a post about the letter Travis Kiger received from Fullerton’s Interim PoChief, David Hinig, suggesting that at some point an FPD in-house institution called the “Professional Standards Bureau” might, some day, possibly, if they feel like it, get around to looking into his complaint about the behavior of Fullerton cops at the Joe Felz Memorial Crash Site in the early morning hours of November 9th, 2016. That’s when the former City Manager, after a night of election partying, jumped a Glenwood Avenue curb, ran over a tree, and tried to leave the scene of the accident.

Danny says you are either ignorant or misinformed!!!

Professional Standards Bureau. Okay, stop snickering.

I got to thinking about the long history of the FPD Culture of Corruption that happily existed right along side this supposed “Bureau,” and the recollection of all the embezzlers, thieves, pickpockets, perjurers, kidnappers, thugs, pill-poppers, scammers, liars, sex perverts and yes, killers, gave pause. But not for long, because you know, that’s all ancient history, right? The department was reformed by Danny Hughes, according to our lobbyist-councilwoman, Jennifer Fitzgerald.

But then something struck me. What was it? Think, Peabody.

Aha! A post from a just a few weeks ago.

Fullerton Police from left, Cpl. Eric Song, Patricia Arevalo, Sgt. Dan Castillo, Lt. Andrew Goodrich and Cpl. Donny Blume.
Photo by Steven Georges/Behind the Badge OC & Paid for by Fullerton Taxpayers

It was a ludicrous story dished out by the noisome “Behind the Badge,” all about the FPD’s hardworking crew that makes sure all the cops have got the right training, etc. Remember? The Professional Standards Bureau that takes its job so seriously! And do you remember who was the featured player in that stage production? Right. The adipose Andrew Goodrich, serial story-teller in the Kelly Thomas Affair, explainer of “excessive horning” tickets, etc.

Well, shit, howdy. And who was the Watch Commander on duty on the night of November 8th? The one who was in communication with his boss, Chief Danny Hughes, and who was therefore at the center of the Who Let Joe Go? controversy? That’s right! Goodrich.

So new Chiefie is promising that someday, maybe, the “bureau” run by Goodrich will get around to investigating…Goodrich. Well, isn’t that cute?

 

 

Happy Christmas – Complaint #48

Sometimes the best Christmas presents are the ones you give yourself. In this case that would be Complaint #PSB16-0048.

See, when you submit a complaint to the FPD about an incident that involves their personnel’s abandonment of policy, they do respond in writing. Here’s the response to the complaint filed by Travis Kiger about the behavior of the FPD cops who dealt with the Joe Felz incident in the early hours of November 9, 2016 in which Felz jumped a Glenwood Avenue Tree, ran over a tree, and attempted to leave the scene of the accident; all we know is that the doughty minions of the law confronted him in some as yet unknown manner, smelled alcohol on his person, declined to give him a Breathalyzer test and drove him home. We also know that the watch commander, the egregious Andrew Goodrich, and the former police chief Danno Hughes were in communication, a fact that most certainly never would have happened had you or I been the motorist. In fact, Goodrich would no doubt have our pictures in the next morning’s early editions.

Now, as to the content of the letter, notice how now the FPD has now decided to do nothing until the DA figures out what to do. It’s hard to see how this is anything other than temporizing, given the need to at least pretend to some proactivity on the matter to show the public – in a “timely manner.”

Of course we were also promised some sort of “independent person” report too, by our estimable City Attorney, Dick Jones, that seems to have vanished into the late December air. But a civilian investigation is important too, given what might be an overly charitable adios to Mr. Felz by sympathetic council members.

 

All citizens are equal, but some citizens are more equal than others (Part 1)

I have a thought experiment for those of you who work in the private sector.
Let’s suppose you are accused of some misdeed by your employer. It could something minor like rudeness to a customer, or something potentially criminal such as embezzlement, assault or even potentially murder or manslaughter.

Hypothetically

Let’s further suppose your employer comes to you and asks you about certain accusations. What do you suppose would happen if you refused to answer any questions about that incident unless you had an attorney present? And if you did speak to speak to your employer what are the chances they would agree to not use your statement against you in a criminal action? Could you refuse a polygraph test under any circumstance? And could you insist your employer never disclose the results of their investigation upon pain of criminal prosecution?

The answer in the private sector is clear cut: while you have constitutional rights in criminal proceedings (including the right to have an attorney present and against self incrimination) if you refuse to cooperate with an employer you can be fired on the spot.

Not so for many of our public employees. Thanks to the Police Officer’s Bill of Rights (Government Code §3300-3311) many of the rights afforded to all of us in criminal prosecutions are also afforded to officers in administrative actions. For example, pursuant to Government Code §3303(f), statements made under duress, coercion “or threats of punitive action” are inadmissible in civil proceedings as well as criminal. Thanks to the decision in Lybarger v. City of Los Angeles (1985) 40 Cal.3d 822, an officer can be disciplined for refusing to answer questions in an administrative hearing, but only if they are first told that the statements cannot be used against him in any criminal matter. An officer also has a right to have council present during any administrative proceedings relating to their conduct. And if there is a violation of any of these or other rights, there is no requirement to exhaust administrative remedies first (like the rest of us have to); the officer can immediately sue in Superior Court.

The combination of the protections in POBAR and the Supreme Court decision in Copley Press, Inc. v. Superior Court (39 Cal.4th 1272) have combined to essentially make our public safety employees above the law. Copley guarantees that any complaints against officers that are handled through the police department will be investigated at the sole discretion of that department, since the public is typically not told how the department ruled or why. Or even whether they looked into the matter at all. Remember, Chief Dan Hughes once admitted that many complaints against officers were simply tossed into the wastepaper basket, since there was no ramification for the department for doing so.

“After careful deliberation, we have concluded that no evidence exists to warrant disciplinary action. At least, not anymore.”

This does not mean that there are no good officers in Fullerton, but it does mean that there are no meaningful external check on the conduct of officers that are a problem, so long as the conduct is not so shocking it winds up becoming a national story. And even then, the protections afforded by POBAR makes firing for even the most shocking crime difficult. See for example Kenton Hampton, who is still employed by the Fullerton Police Department (and pulling in $175,958.90 in total pay and benefits as of 2015, according to Transparent California) despite his involvement in the beating death of Kelly Thomas and the beating/ false imprisonment of Veth Mam (video here) and the fact that even Joseph Wolfe may actually be reinstated despite his role in Thomas’s death.

Since we cannot rely on transparency (state law prohibits it), and we cannot rely on officers within the department to come forward (don’t forget, Copley makes disclosure of internal personnel records a criminal offense, and as Paul Irish has recently learned, even mild, non-specific criticism of department policy can get you in more trouble with your employer than standing around doing nothing while your fellow officers beat a man to death), I concluded several years ago that an effective independent Civilian Oversight Commission was the best method of placing some check on our public employees. Rather than simply advocate for the civilian oversight, those of us who were advocating it decided to prepare their own proposed ordinance, which Matt Leslie has been hosting on his Fullerton Rag blog ever since (it can be found here, although the transfer does appear to have altered the subsections in a way that makes it a bit confusing).

The specifics of and the benefits of the proposed ordinance, and the means in which this City Council could implement it, will be discussed in Part 2.

Cops Got Scratches Tended To By Paramedic As Kelly Thomas Lay Dying in the Street

One of the most shocking things to emerge from the Preliminary Trial of Manny Ramos and Jay Cicinelli for the killing of Kelly Thomas are the statements made by Fullerton Fire Department personnel that the cops received attention to their miscellaneous scrapes as Thomas, whose face had just been bashed in, and who was suffocating in his own blood, lay ignored nearby.

For pure callousness, incomprehensible inhumanity, and well, evil, it’s pretty hard to beat this story. The images of minor scratches sustained by the Fullerton cops is comical, especially given the fact that were sustained committing a crime; juxtaposed to the image of Kelly Thomas’s shattered face they present ample evidence about the nature of the beat down delivered to the homeless man.

Manny's badge of honor awaits a band aid.

Hilariously, Manny Ramos was quoted as saying he’d been in “the fight of my life.” Given that he was seventy pounds overweight, notoriously lazy and obviously a coward, this may actually be a true statement. Certainly it will provide a good headline for Lou Ponsi. But Ramos’ injury received a bandaid and off he went. Kelly Thomas is dead. He was dying on the pavement, alone and unattended, as the cops that killed him got first aid.

And that is truly sickening.

Oh, Damn. Another FPD Brutality Lawsuit in Federal Court

You lookin' at me?

Nearly a year ago FFFF started what would turn into a long string of investigations into the FPD Culture of Corruption by telling the tale of a young man who claimed that he was beaten and abused by Fullerton cops during a downtown arrest.

There were plenty of skeptics here, and there was a barrage of personal abuse leveled against the man by anonymous FPD goons.  At least there was until we published the results of an internal investigation, here, in which at least part of the victim’s assertions were confirmed.

Well last week another of Pat McKinley’s chickens emerged on the horizon, coming home to roost. Andrew Trevor Clarke filed a federal civil suit against Fullerton PD employees Tong, Contino, Hampton, Bolden, Salazar and Sellers.

Read the complaint

Sellers? Good call, but I wonder why Clarke didn’t include former Chief, present councilman Pat McKinley. After all, he will proudly tell us he hired all of ’em.

All I can say is the lawsuits are piling up so fast we’re going to need wings to stay above the legal paperwork. And I wonder how much this one is gonna cost us.